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PEOPLE v. RIEMERSMA

Docket No. 78-3156.

104 Mich. App. 773 (1981)

306 N.W.2d 340

PEOPLE v. RIEMERSMA

Michigan Court of Appeals.

Decided April 7, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David H. Sawyer, Prosecuting Attorney, and David J. Butler, Assistant Prosecuting Attorney, for the people.

Williams, Damon & Reis (by Jack E. Frost), for defendant on appeal.

Before: R.B. BURNS, P.J., and MacKENZIE and J.T. KALLMAN, JJ.

MacKENZIE, J.

On May 3, 1978, defendant was convicted by a jury of breaking and entering with the intent to commit larceny, contrary to MCL 750.110; MSA 28.305. Subsequent to that conviction, the prosecutor filed a supplemental information charging defendant as a second felony offender, MCL 769.10; MSA 28.1082, and defendant was convicted on that charge in a bench trial on June 28, 1978. Defendant was sentenced to a term

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